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Each public prosecution against the Defendants is dismissed.
Reasons
1. The summary of the facts charged against Defendant A at around 11:00 on May 27, 2013, the defendant told the victim G to “p” at the entrance of the 1st floor of the 1st floor of the building in Busan Shipping Daegu D, Busan, stating that “poner shall wear a spon, spon, and spon.” This is a crime falling under Article 311 of the Criminal Act, which can be prosecuted only upon the victim’s complaint under Article 312(1) of the Criminal Act. According to the written application of the written statement in the records, the victim may be found to have withdrawn the complaint against the defendant on October 14, 2013, which is the date of the prosecution of this case. Thus, the prosecution is dismissed pursuant to Article 327 subparag. 5 of the Criminal Procedure Act.
2. The summary of the facts charged against Defendant B is as follows: (a) around 20:00 on May 25, 2013, the Defendant publicly stated false facts that “G would drink I” was damaged the reputation of the victim’s G by stating that at the seat of the H517 of the building H517 of Busan Metropolitan Transportation Daegu D, Busan, and three employees of the same company, namely, “G would drink I;” and (b) this is a crime falling under Article 307(2) of the Criminal Act and cannot be prosecuted against the intent expressed by the victim pursuant to Article 312(2) of the Criminal Act; (c) according to the statement of the written application filed in the records, the victim expressed his/her intent that he/she would not want punishment by cancelling the complaint against the Defendant on October 14, 2013, which was the date of the instant indictment, and thus, the prosecution is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.